Section 11A Patents Act 1970 deals with PUBLICATION of patent applicat…

Question

Section 11A Patents Act 1970 deals with PUBLICATION of patent applications. Every application shall be published in the official journal:

Accepted Answer

B. on expiry of 18 MONTHS from the date of filing or priority, whichever is earlier (unless withdrawn or kept secret)

1. Section 11A(1) Patents Act 1970 (inserted by Patents (Amendment) Act, 2005, in line with TRIPS): no application shall ordinarily be open to the public for a period of 18 months from the date of filing or priority date, whichever is earlier.
2. After 18 months, the Controller shall publish the application unless secrecy directions are in force (Section 35) or the application has been withdrawn 3 months before publication.
3. Section 11A(7): rights of patentee start from date of publication; though damages can only be claimed from date of grant.
4. Section 11B provides for examination on request (within 48 months from priority).
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 11A (inserted by Patents (Amendment) Act 2005)_

Answer

immediately on filing of the application, with no waiting period whatsoever (cf. Patents Act 1970, Section 11A (inserted by Patents (Amendment) Act 2005))

Answer

only after the application is examined and a patent has been granted (cf. Patents Act 1970, Section 11A (inserted by Patents (Amendment) Act 2005))

Answer

only on payment of an additional publication fee by the applicant at filing (cf. Patents Act 1970, Section 11A (inserted by Patents (Amendment) Act 2005))